ML17334A216
| ML17334A216 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 11/28/2017 |
| From: | Atomic Safety and Licensing Board Panel |
| To: | |
| SECY RAS | |
| References | |
| 50-443 LA-2, ASLBP 17-953-02-LA-BD01, NRC-3394, RAS 54065 | |
| Download: ML17334A216 (10) | |
Text
Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSIONTitle:Nextera Energy Seabrook Seabrook Station, Unit 1Docket Number:50-443-LA-2 ASLBP Number:17-953-LA-BD01 Location:teleconference Date:Tuesday, November 28, 2017Work Order No.:NRC-3394Pages 133-141 NEAL R. GROSS AND CO., INC.
Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.
Washington, D.C. 20005 (202) 234-4433 133 UNITED STATES OF AMERICA 1 NUCLEAR REGULATORY COMMISSION 2+ + + + +3 ATOMIC SAFETY AND LICENSING BOARD PANEL 4+ + + + +5 PRE-HEARING CONFERENCE 6--------------------------x 7 In the Matter of: : Docket No.
8 NEXTERA ENERGY SEABROOK, : 50-443-LA-2 9 LLC : ASLBP No.
10 (Seabrook Station, Unit 1): 17-953-LA-BD01 11--------------------------x 12 Tuesday, November 28, 2017 13 14 Teleconference 15 16 BEFORE: 17 RONALD M. SPRITZER, Chairman 18 NICHOLAS G. TRIKOUROS, Administrative Judge 19 SEKAZI MTINGWA, Administrative Judge 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 134 APPEARANCES:
1 2 Counsel for the Applicant 3 Paul M. Bessette, Esq.
4 Ryan K. Lighty, Esq 5of:Morgan, Lewis & Bockius, LLP 6 1111 Pennsylvania Avenue, NW 7 Washington, DC 20004 8 202-739-5796 (Paul Bessette) 9 paul.bessette@morganlewis.com 10 ryan.lighty@morganlewis.com 11 12 On Behalf of the Nuclear Regulatory Commission 13 Brian Harris, Esq.
14 Jeremy Wachutka, Esq.
15of:U.S. Nuclear Regulatory Commission 16 Office of the General Counsel 17 Mail Stop O-14A44 18 Washington, DC 20555-0001 19 301-287-9120 (Brian Harris) 20 brian.harris@nrc.gov 21 jeremy.wachutka@nrc.gov 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 135 On Behalf of C-10 Research & Education 1 Foundation 2 Natalie Hildt Treat 3 C-10 Research & Education Foundation 4 44 Merrimac Street 5 Newburyport, MA 01950 6 978-465-6646 7 natalie@c-10.org 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 136 P-R-O-C-E-E-D-I-N-G-S 1 1:03 p.m.2CHAIRMAN SPRITZER: We are here in the 3 matter of Nextera Energy Seabrook, that case involving 4 Seabrook Station Unit 1. This is docket No. 50-443-5LA-2. We are here to conduct a conference call on --
6 for the scheduling of the remainder of this 7 proceeding.
8 Before we proceed to discuss scheduling 9 let's go around and have the representatives identify 10themselves for the record. Why don't we start with 11 Nextera?12MR. BESSETTE: Good afternoon, Your Honor.
13 This is Paul Bessette representing Nextera, and with 14 me I have Ryan Lighty, and on the listen-only line we 15 have Steve Hamrick from the -- from Nextera.
16CHAIRMAN SPRITZER: Very good. And for 17 the NRC staff?
18MS. HARRIS: Yes, Your Honor, this is 19Brian Harris and I have with me Jeremy Wachutka for 20 the NRC staff and a couple members of the staff 21 sitting in and listening in.
22CHAIRMAN SPRITZER: Very good. And for 23 the interveners, C-10?
24MS. TREAT: Hello again. This is Natalie 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 137 Treat with the C-10 Foundation.
1CHAIRMAN SPRITZER: Okay. Well, we can 2 shorten -- thanks to your efforts, we'll be able to I 3 think make this a fairly brief call since you've 4 provided us with agreements on both mandatory 5 disclosure and scheduling, which was very helpful.
6 Thank you for your efforts on that.
7 Just so we're clear, let me ask a 8question first on the mandatory disclosures. That 9 indicates in the -- I believe it's paragraph No. 1 10 parties are not required to identify or produce 11privileged documents. Just so we're clear, this is 12intended to waive the requirement of 10 CFR 13 2.336(a)(3) and also Section (b)(5) of Section 2.336, 14 which would require the identification, not 15 necessarily the production, but identification of 16 privileged documents.
17 Am I interpreting that correctly?
18MR. BESSETTE: Your Honor, I'm looking up 19the -- this is Paul Bessette. I'm looking up the 20 regulations, but the idea is to waive the production 21 of the privileged log, as you noted, yes.
22CHAIRMAN SPRITZER: Okay. Just want to 23 make sure everybody's clear on that.
24 Is that clear to the interveners as well?
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 138 MS. TREAT: Yes.
1 CHAIRMAN SPRITZER: Okay.
2 MS. TREAT: Yes, thank you.
3 CHAIRMAN SPRITZER: All right.
4 MS. HARRIS: It's clear to the --
5CHAIRMAN SPRITZER: All right. For the 6interveners I take it you are not -- at least as of 7 this date you are not represented by counsel?
8 MS. TREAT: We are not.
9CHAIRMAN SPRITZER: Are you -- do you have 10 any likelihood of doing that?
11MS. TREAT: We are exploring options to 12 raise funds to pay for counsel and the technical 13 experts, Your Honor.
14CHAIRMAN SPRITZER: All right. I think as 15 far as the schedule that you all have proposed, we 16don't have any major issues with that. I do have one 17 suggestion to shorten the -- we do have one suggestion 18 from the Board that might shorten things a little bit.
19Not greatly, but somewhat. Toward the end -- this is 20 on both table -- well, both for the option if new or 21amended contentions are filed. And then if no new 22 amended contentions are filed, you have deadline for 23 both motions in limine and questions for the Board.
24 What we're thinking of doing is simply 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 139 saying file both of those within five days of the 1hearing. Motions in limine -- I mean, this is a 2 hearing by a board, so we're not dealing with a jury.
3Motions in limine I think we would certainly -- can 4 hear them and rule on them, but I'm not sure that 5 that's something we can normally rule on when we issue 6 our decision on the merits.
7 Striking -- if there's a motion to strike 8 some proffered testimony or not to consider some 9 exhibit, we can go ahead and rule on that in our 10 motion -- or our -- excuse me, in our ruling on the 11 merits. 12 Questions for the Board we don't really 13need them until shortly before the hearing. That 14 would enable us to cut down the days for the 15 evidentiary hearing by about 15 days. That would be 16 approximately, yes, 15 days less than is shown on both 17 these schedules.
18 I mean, if anybody has any strong 19 objections to doing those things, we'll consider them.
20 So if you do, please now or forever hold your peace.
21 (No audible response.)
22CHAIRMAN SPRITZER: Going once, twice, 23three times. All right.
We don't seem to have any 24 strong objection, so we'll address that in the order 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 140 we're going to issue shortly.
1Let's see. That's pretty much all we 2have. Are there any other issues that anyone wants to 3discuss now? We're probably not going to be on the 4 line together for awhile given that the safety 5 evaluation is likely coming out before August, so if 6 there other concerns, now would be a good time to 7 raise them.
8MR. BESSETTE: Your Honor, this is Paul 9 Bessette. We have no other questions.
10 CHAIRMAN SPRITZER: All right. Staff?
11MS. HARRIS: Your Honor, this is Brian 12 Harris. We have no other questions.
13CHAIRMAN SPRITZER: All right. And 14 interveners?
15 MS. TREAT: Thank you, Your Honor. It's 16 Natalie Treat and we have no other questions or 17 comments at this time.
18CHAIRMAN SPRITZER: All right. Very good.
19 We'll get an order out shortly that will memorialize 20 the schedule in line with what you all proposed plus 21 the one modification that we've come up with on our 22own. Unless either of my colleagues on the Board have 23 anything, we'll adjourn and get an order out promptly.
24 MR. BESSETTE: Thank you, Your Honor.
25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433 141 CHAIRMAN SPRITZER: Thank you.
1 MS. TREAT: Thank you, everyone.
2 MS. HARRIS: Thank you, Your Honor.
3 CHAIRMAN SPRITZER: We're adjourned.
4 (Whereupon, the above-entitled matter went 5 off the record at 1:09 p.m.)
6 7 8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.(202) 234-4433WASHINGTON, D.C. 20005-3701(202) 234-4433